WASHINGTON, D.C. - President Bush has personally authorized a
secretive eavesdropping program in the United States more than
three dozen times since October 2001, a senior intelligence
official said Friday night.
The disclosure follows angry demands by lawmakers earlier in the
day for congressional inquiries into whether the monitoring by the
highly secretive National Security Agency violated civil liberties.
"There is no doubt that this is inappropriate," declared
Republican Sen. Arlen Specter of Pennsylvania, chairman of the
Senate Judiciary Committee. He promised hearings early next year.
Bush on Friday refused to discuss whether he had authorized such
domestic spying without obtaining warrants from a court, saying
that to comment would tie his hands in fighting terrorists.
In a broad defense of the program put forward hours later,
however, a senior intelligence official told The Associated Press
that the eavesdropping was narrowly designed to go after possible
terrorist threats in the United States.
The official said that, since October 2001, the program has been
renewed more than three dozen times. Each time, the White House
counsel and the attorney general certified the lawfulness of the
program, the official said. Bush then signed the authorizations.
During the reviews, government officials have also provided a
fresh assessment of the terrorist threat, showing that there is a
catastrophic risk to the country or government, the official said.
"Only if those conditions apply do we even begin to think about
this," he said. The official spoke on condition of anonymity
because of the classified nature of the intelligence operation.
"The president has authorized NSA to fully use its resources -
let me underscore this now - consistent with U.S. law and the
Constitution to defend the United States and its citizens," the
official said, adding that congressional leaders have also been
briefed more than a dozen times.
Senior administration officials asserted the president would do
everything in his power to protect the American people while
safeguarding civil liberties.
"I will make this point," Bush said in an interview with "The
NewsHour With Jim Lehrer." "That whatever I do to protect the
American people - and I have an obligation to do so - that we will
uphold the law, and decisions made are made understanding we have
an obligation to protect the civil liberties of the American
people."
The surveillance, disclosed in Friday's New York Times, is said
to allow the agency to monitor international calls and e-mail
messages of people inside the United States. But the paper said the
agency would still seek warrants to snoop on purely domestic
communications - for example, Americans' calls between New York and
California.
"I want to know precisely what they did," Specter said. "How
NSA utilized their technical equipment, whose conversations they
overheard, how many conversations they overheard, what they did
with the material, what purported justification there was."
Sen. Russ Feingold, D-Wis., a member of the Judiciary Committee,
said, "This shocking revelation ought to send a chill down the
spine of every American."
Vice President Dick Cheney and Bush chief of staff Andrew Card
went to the Capitol Friday to meet with congressional leaders and
the top members of the intelligence committees, who are often
briefed on spy agencies' most classified programs. Members and
their aides would not discuss the subject of the closed sessions.
The intelligence official would not provide details on the
operations or examples of success stories. He said senior national
security officials are trying to fix problems raised by the Sept.
11 commission, which found that two of the suicide hijackers were
communicating from San Diego with al-Qaida operatives overseas.
"We didn't know who they were until it was too late," the
official said.
Some intelligence experts who believe in broad presidential
power argued that Bush would have the authority to order these
searches without warrants under the Constitution.
In a case unrelated to the NSA's domestic eavesdropping, the
administration has argued that the president has vast authority to
order intelligence surveillance without warrants "of foreign
powers or their agents."
"Congress cannot by statute extinguish that constitutional
authority," the Justice Department said in a 2002 legal filing
with the Foreign Intelligence Surveillance Court of Review.
Other intelligence veterans found difficulty with the program in
light of the 1978 Foreign Intelligence Surveillance Act, passed
after the intelligence community came under fire for spying on
Americans. That law gives government - with approval from a
secretive U.S. court - the authority to conduct covert wiretaps and
surveillance of suspected terrorists and spies.
In a written statement, NSA spokesman Don Weber said the agency
would not provide any information on the reported surveillance
program. "We do not discuss actual or alleged operational
issues," he said.
Elizabeth Rindskopf Parker, former NSA general counsel, said it
was troubling that such a change would have been made by executive
order, even if it turns out to be within the law.
Parker, who has no direct knowledge of the program, said the
effect could be corrosive. "There are programs that do push the
edge, and would be appropriate, but will be thrown out," she said.
Prior to 9/11, the NSA typically limited its domestic
surveillance activities to foreign embassies and missions - and
obtained court orders for such investigations. Much of its work was
overseas, where thousands of people with suspected terrorist ties
or other valuable intelligence may be monitored.
The report surfaced as the administration and its GOP allies on
Capitol Hill were fighting to save provisions of the expiring USA
Patriot Act that they believe are key tools in the fight against
terrorism. An attempt to rescue the approach favored by the White
House and Republicans failed on a procedural vote.